1st credit and Lloyds TSB Platinum credit card

[hunterandthehunted]

Costs are normally given in to court and claimant 24 hours prior to trial/hearing.. is it for todays hearing or the full trial you are seeking help with?

 

S.

the full trial

 

Hi Hunter,

 

It sounds like the judge doesnt want this to go to full trial and that this hearing wasnt so much about making a decision on any of the points as to remind both parties to resolve prior to getting to the full trial... just my opinion tho so I may have read it wrong.

 

S.

 

probably right shadow,

i have sent settlement offers twice by recorded mail and they have ignored them so there is not much else i can do. it stated on the AQ

that both parties should attempt to settle and the judge would expect evidence of this....

the ball is in there court...

[the_shadow]

probably right shadow,

i have sent settlement offers twice by recorded mail and they have ignored them so there is not much else i can do. it stated on the AQ

that both parties should attempt to settle and the judge would expect evidence of this....

the ball is in there court...

 

Lets hope the other side have read it the same then.

 

S.

[hunterandthehunted]

Lets hope the other side have read it the same then.

 

S.

 

probably not so its game on as far as i am concerned. some help with them costs would be appreciated.

 

thanks shadow

[the_shadow]

probably not so its game on as far as i am concerned. some help with them costs would be appreciated.

 

thanks shadow

 

Ok, you've got some time before they have to get in...

 

Bascially you can claim £9.25 per hour for any work involved with the trial/hearings(if costs were kept in the case?) this includes time for investigating/filling out forms etc etc.

 

The general rule I believe is that the judge will consider what a solicitor would take to do the same work and then multiply that for a LiP. So bear in mind that this value will be capped!

 

Disbersments however are not capped and are basically all costs for printing/parking/travel/paper/postage/photocopying anything you can think of.....etc etc

 

S.

[hunterandthehunted]

update,

 

**** have agreed to settle and have sent me 3 copys of a consent order for which if i accept i have got to take them to the court for sealing.

 

**** have stated that they will pay the fee for sealing and the fee for getting them to the court.

 

i am in two minds as to what to do, the trial is due next monday?

[lilly white]

h are you well

 

We have come a long way many battles, well to you my friend, for me i am still looking for the derby winner.

 

Maybe you have found one

Edited January 26, 2010 by lilly white

[hunterandthehunted]

thanks lilly,

i think all things considered i am going to take the deal so i can concentrate on the co-op case. there is a condition which states the terms of settlement have to remain confidential, so i cannot say to much as i know **** watch my thread.

 

do you know how this consent order works and what fees are involved?

 

grand national winner first

Edited January 26, 2010 by hunterandthehunted

[lilly white]

well done h bests all round i do belive.

 

Consent orders i do not have a clue however my understanding is parties agreed to a deal as long as deal is kept to all well and good.

 

Well over to the co op

[hunterandthehunted]

does anyone know if there are any forms to fill in?

[the_shadow]

Hunter,

 

Well done! they saw sense in the end then ;-)

 

I had a consent order with crapone, basically you sign your copy and send to the solicitors, they forward to the court for the judge to rubber stamp and then thats it, both parties are binded to the order with leave to continue the case if either party breaks it. As to costs, the other side will pick them up as they are the ones applying for it.

 

See here for details...Consent order or Tomlin order as its known

 

S.

[the_shadow]

does anyone know if there are any forms to fill in?

 

Nope the tomlin order/consent order stays the trial in court or the judge may strike out the claim as he did in my case with capital one.

 

I told you the judge didnt want to take this to trial... seems it took two hearings for the other side to realise just how serious he was

 

I'm please its over for you in this regards in any event.

 

S.

[Craftygirl42]

Hunter, make sure there is no clause in the consent order that states they can change the payment amount. I have done one consent order and insisted they took out the clause saying they could review in 6 months, then the payment could be horrific and they would be able to take it back to court

[hunterandthehunted]

thanks CG,

 

the only clause's are:-

1, if i dont pay the lump sum by the specified date.

2, to remain confidential between the partie's.

 

then the claimant is at liberty to enter judgement forthwith against the defendant for the balance outstanding at the time.

 

so can i take that as meaning, if for example i posted all the details on this forum in say a few months time (as we all know they are watching). could they enter judement forthwith and then take the lump sum payment i made in full and final settlement off the original balance and then i would be liable for the outstanding balance.

 

if this is the case, how long for this action will be deemed spent?

 

Nope the tomlin order/consent order stays the trial in court or the judge may strike out the claim as he did in my case with capital one.

 

I told you the judge didnt want to take this to trial... seems it took two hearings for the other side to realise just how serious he was

 

I'm please its over for you in this regards in any event.

 

S.

 

thanks shadow, now for the statutory demand with the co-op.

i have provided a link for you if you would like to comment.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/215358-co-op-hunterandthehunted-urgent-8.html

 

forgot to mention that the consent order (x3) was sent to me by the claimant who asked me to present them to the court and then they

would pay the fee. the court accepted this but the very akward to deal with clerk stressed that the trial date could not be vacated until payment has been received. now as far as i know the cheque is in the post (today) but the trial date is next monday. however **** have not filed an indexed bundle of documents contained in a ring binder, and a case summary outlining matters still in issue, which had to be filed 7 days before the trial date....

[the_shadow]

forgot to mention that the consent order (x3) was sent to me by the claimant who asked me to present them to the court and then they

would pay the fee. the court accepted this but the very akward to deal with clerk stressed that the trial date could not be vacated until payment has been received. now as far as i know the cheque is in the post (today) but the trial date is next monday. however **** have not filed an indexed bundle of documents contained in a ring binder, and a case summary outlining matters still in issue, which had to be filed 7 days before the trial date....

 

I would think you should be safe on this... its the claimant that is causing the delay and the possible non-vacating of the hearing. Any judge whilst they would be annoyed would see that you have done your bit and its the claimant that has dragged their heels.

 

I would give them to Friday morning and ring again, the worst case scenario is that you have to attend court on monday as it wasnt vacated and the judge grumbles a bit and thanks you for attending and slates the opposition for not.

 

S.

[Viano]

Hi H,

 

Just my two penny worth. With regard to confidentiality, 20 above.

 

Article 19 of the Universal Declaration of Human Rights says -

 

'Everyone has the right to freedom of opinion and expression; This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers'.

 

As I say, just my two penny worth.

 

V

[Viano]

Sorry, meant to say clause 2, not 20

 

V

[hunterandthehunted]

rang the court today and they confirmed that the trial date has been vacated.

[hunterandthehunted]

sorry i have not updated for a while but i have been unwell ...

 

the consent order has been sealed by the court and i have paid the settlement sum. i have received confimation of may payment by ****, however they have stated that they have written to the court where judgement was entered requesting that they mark their records as satisfied and have also advised me that the judgement will remain registered for a period of 6 years.

 

i have not had a judgement as the case never got to court. should i be concerned by this or am i worriying about nothing.

 

thanks

Edited March 26, 2010 by hunterandthehunted

[the_shadow]

sorry i have not updated for a while but i have been unwell ...

 

the consent order has been sealed by the court and i have paid the settlement sum. i have received confimation of may payment by ****, however they have stated that they have written to the court where judgement was entered requesting that they mark their records as satisfied and have also advised me that the judgement will remain registered for a period of 6 years.

 

i have not had a judgement as the case never got to court. should i be concerned by this or am i worriying about nothing.

 

thanks

 

Hmmm worth contacting them and getting clarification, pointing out that this was settled not via a judgment but via consent and that them stating judgment has been obtained is a breach of the consent order(I reckon anyway).

 

As to registering judgment, they cannot register a CCJ against you unless you agreed to it in the consent order or a judge gave judgment, since neither took place they cannot do this.

 

If however they are talking about the CRA's and marking your credit record as satisfied then unless you specified in the tomlin order for this not to take place they are entitled to mark your credit record for 6 years.

 

S.

[hunterandthehunted]

i will get the letter posted up i think.

[hunterandthehunted]

here is the letter

 

Edited March 26, 2010 by hunterandthehunted

[the_shadow]

Hunter,

 

Not sure whats gone on here... the letter claims a CCJ has been recorded against you, did they apply for a summary judgment which you didnt know about?

 

If you've signed a tomlin order then that should have been the end of the matter.

 

I would ring the court (Northampton Bulk) and see if a judgment was recorded against you (Do this asap, cos I believe if you apply for the certificate within 30days it doesnt get entered on the register)

 

S.

[hunterandthehunted]

ok thanks shadow,

i will ring them monday morning. obviously if there is a judement against me this is false and i will be wanting to contest this. there is no mention

of this on the consent order which both parties signed and was sealed by my local county court.

 

on the consent order it states that all further proceedings be stayed upon the terms agreed which is basically the settlement payment being paid by an agreed date, which of course it was.

[hunterandthehunted]

unable to speak to Northampton bulk centre as i am always number 20 something in the quaire and would be waiting there for days.

is there another route i can take and i was thinking that, if a judgement was registered against me would'nt the court have notified me of this.

 

regards

h

[lilly white]

H this is strange in regards to ringing the court good move in regards to other numbers have not got a clue,

 

was there a judgment handy down or just the order

 

i see you where not well hope everthing ok now

 

 

as always BR lilly